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Legal Aspects of Managing Government Service Delivery Contracts in Complex Environments

September 2015
ContractCharity

Abstract

The evolution of public administration over the last few decades has seen governments increasingly outsource community and other services. While in the past focussed at an operational level, government agencies are now responsible for overseeing delivery of programs and services, and contract management. Using the case study of Save the Children Australia’s provision of welfare, recreation and education services on behalf of the Australian Government to asylum seekers and refugees in Australia’s offshore immigration processing countries, this paper provides tips for navigating this complex environment, and provides illustrative examples of issues that may arise. In particular, significant investment in legal and risk management is required to ensure complex contracts of this kind are delivered successfully. In addition, the case study illustrates that service providers need to be resilient and adaptable, and will benefit from having personnel in-house with relevant government expertise to ensure that the interests of all parties, including beneficiaries of the services, are upheld. This paper has particular relevance in the context of the migration crises currently occurring in Europe and elsewhere, and for counsel for service providers that may be engaged by governments to deliver vital services to these vulnerable people.

Authors

Portrait image of Simon Miller
Simon Miller
General Counsel, Save the Children Australia, Australia

Simon Miller is General Counsel for Save the Children Australia, one of Australia’s largest aid and development agencies dedicated to helping children. Simon is a senior legal professional who has worked as a commercial advisor in international law firms in London and for over a decade as a legal advisor for World Vision and Save the Children. Simon holds a Masters of Public and International Law from the University of Melbourne. (detailed bios to be provided)

Portrait image of Sophie Coleman
Sophie Coleman
Senior Legal Counsel, Save the Children Australia, Australia

Sophie Coleman is a senior lawyer with Save the Children Australia. Sophie holds a Bachelor of Arts and Laws from Monash University, and a Master of Business Administration from the University of Melbourne. In 2011, Sophie co-founded Create Impact, a charity working with remote communities in Ethiopia on education, health and water projects. Sophie is also a board member of Aardvark Music, a charity that helps vulnerable young people to expand their identity and wellbeing though music.

Companies

Save the Children Australia

Save the Children is one of the world’s largest aid and development agencies dedicated to helping children.

Save the Children Australia logo

Save the Children Australia

Save the Children Australia is one of Australia's largest humanitarian aid and development agencies dedicated to helping children.

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